CHICAGO _ In a decision with potentially far-reaching consequences, attorneys for Jason Van Dyke announced Friday morning they will let 12 jurors selected this week decide the Chicago police officer's guilt or innocence in Laquan McDonald's shooting.
It was extraordinarily rare for such a critical choice _ a bench or jury trial _ to be decided so late in such high-profile proceedings.
Opening statements are slated for Monday at the Leighton Criminal Court Building, the county's main criminal courthouse at 26th Street and California Avenue.
A legal chess game had played out in court for months. Cook County Judge Vincent Gaughan had delayed ruling on a defense request to move the trial from Chicago until after jury selection. The defense, in turn, postponed its decision on whether to have a jury decide the case at all.
On Friday morning, Gaughan continued to hold off ruling on whether to move the trial out of Cook County, saying he would do so after he swore in the 12th juror and five alternates who were selected Thursday.
Van Dyke's decision to let the jury decide his fate could alter the fundamental dynamic of the trial.
Chicago police officers charged with criminal wrongdoing traditionally opt for bench trials, so their cases are heard by judges who should more easily strip the emotion from the case and focus on the complicated legal questions at hand.
Jury selection was completed Thursday afternoon more quickly than many anticipated. Twelve jurors plus five alternates were chosen over the course of three days of face-to-face questioning.
The 12 jurors picked for the racially charged case _ Van Dyke is white and McDonald was black _ included just one African-Amercan. The remainder of the jury is composed of seven whites, three Hispanics and one Asian-American.
Under Illinois law, Van Dyke could unilaterally switch to a bench trial at any point before the 12th juror was sworn in.
Gaughan on Thursday swore in the 11th juror selected _ but he postponed swearing in the 12th juror and the alternates after they were picked, telling Van Dyke's lawyers he would give them until Friday to decide their preference: a bench or jury trial.
Van Dyke, 40, a veteran of nearly 13 years with the Police Department at the time of the shooting, faces six counts of first-degree murder, 16 counts of aggravated battery and one count of official misconduct for the October 2014 shooting.
Police dashboard camera video released by court order more than a year later showed Van Dyke opening fire within seconds of exiting his squad car as 17-year-old McDonald, holding a knife, appeared to walk away from police, contradicting reports from officers at the scene that the black teen had threatened officers with the weapon.
The release of the graphic video led to months of protests and political upheaval.
